Mumtaz Munaver Peermohmed v. Salim Shabanali Patel - Deceased

IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 201 OF 2023 IN TESTAMENTARY PETITION NO. 861 OF 2019 Mumtaz Munaver Peermohmed ...Applicant/Petitioner In the matter between Salim Shabanali Patel ...Deceased --- Ms. Nerissa Almeida i/by Mr. Siddiqui V. Munnawar for Applicant / Petitioner. --- CORAM : ARIF S. DOCTOR, J.

rd March, 2023 DATE : 3 P.C. :

1.

By the present Interim Application, Applicant seeks restoration of Testamentary Petition No. 861 of 2019. The said Testamentary Petition, for noncompliance of office objections came to be dismissed by a common order dated th April, 2022.

2.

Learned Advocate appearing on behalf of the Applicant/Petitioner has taken me though the Interim Application and pointed out therefrom that the Applicants were under the bona fide belief that the requisition of the 1/3

Testamentary Department had been complied with before the date of common order. And infact the said Testamentary Petition was listed on board on 28 th April, 2022. However the same did not reach due to paucity of time. The same was thereafter, adjourned to 30 th June, 2022. However, the said Testamentary Petition did not list on 30 th June, 2022.

3.

The learned Advocate for the Applicant/Petitioner mentioned the matter and circulation was granted on 23 rd September, 2022. However, once again the matter did not list and was again mentioned by the learned Advocate for the Petitioner. It was only when the learned Advocate for the Applicant/Petitioner made an inquiry in the month of November, 2022, that the Testamentary Department informed the Advocate for the Applicant/Petitioner that the said Testamentary Petition had been dismissed vide the common order. Petitioners are thus taken out the present Interim Application seeking condonation of delay and restoration of the Testamentary Petition No.861 of 2019.

4.

I have heard learned Counsel and perused a copy of the said 2/3

Interim Application and find that the same deserves to be allowed in the interest of justice. The Interim Application is therefore, allowed in terms of prayer Clause a, b and c which reads as follows:- "a. To condone the delay of 426 days, in taking out the present Interim Application.

b. That this Hon'ble Court be please to restore Testamentary Petition No. 861 of 2019.

c. Petitioner be permitted to proceed with the Petition subject to comply with the office requisitions within such time as the Hon'ble Court may deem fit."

5.

Interim Application is accordingly disposed of. (ARIF S. DOCTOR, J.) 3/3